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Andrew, Barrister

Category: UK Immigration Law

Satisfied Customers: 28

Experience: Over 10 years specialist expertise in all aspects of Immigration Law.

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Just a couple of questions. I have a friend who is in the UK

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Just a couple of questions. I have a friend who is in the UK on a 2 year student visa. He has been detained by the UK border agency as they have found 5 payslips on him which are about 7 months old. These payslips show that he was working more than 20 hours a week. He hasn't been working for the past 7 months, and at that time it was only for a month that he did this. First of all can we make a bail application to get him out, and secondly what avenues are available to challenge this decision? Did the UKBA have any discretion that we can argue they have not excercised reasonably in the circumstances. If it's by JR only, then we would have to think about it, as that would be time consuming and very expensive. If he was to leave voluntarily in the circumstances, then bearing in mind, he's not an overstayer, would he be able to return immediately to the UK? Also whilst i'm here, just wanted to ask about another friend, who is here on a student visa, and wants to sponsor a visitor in the UK. My interpretation of the current rules, are that as long as he can show that he can support the visitor financially he could act as the sponsor, or does he still have to show citizenship?

I'm sorry to hear about your friend. You have asked a number of questions which I will reply in order: Yes you should apply for bail. You can get the form from the First-Tier Tribunal (Immigration and Asylum Chamber) website and accompanying guidance. 2) the UKBA will need to make a decision on whether to curtail his leave and give directions for his removal which he ought to appeal to the Tribunal relying upon article 8 ECHR. 3) If he were to leave voluntarily, it is likely that he will not be able to reenter immediately as you put it. Rather he will need to reapply if his leave is curtailed and is likely to be refused on general grounds for past breach of the conditions of his leave. 4) To be a sponsor he would need to have settled status (that is indefinite leave) at least.